Plaintiff 1 and four others (Attorney Jin-sik et al., Counsel for the plaintiff-appellant)

The Minister of Education and Human Resources Development (Attorney Ha Jae-chul, Counsel for defendant-appellant)

School Foundation (Law Firm Han-chul, Attorney Park Gyeong-il, Counsel for defendant-appellant)

October 17, 2006

Seoul Administrative Court Decision 2005Guhap3943 Decided January 18, 2006

1. All appeals filed by the plaintiffs are dismissed.

2. The appeal costs are assessed against the plaintiffs.

The judgment of the first instance shall be revoked. The defendant shall revoke the approval of taking office of a school foundation on December 24, 2004 and the decision of provisional directors on December 24, 2004.

The reasoning for the court's explanation on this case is to correct "Dogdo" No. 10 of the first instance court's decision No. 3, 11, 4 and 5, and add "No. 3 witness testimony" between 11, 17 and 18, and "the plaintiff" between 1, 17 and 18 of the first instance court's decision No. 11, 200, 200, 3 and 4 of the first instance court's decision that "the defendant unfairly pointed out and demanded correction from the auditor even though it had been lawfully executed with regard to the improper execution of attorney's fees, dispatch of school personnel to the school, unfair withdrawal of school expenses to the accounting of school expenses, and execution of research expenses. However, according to each statement of 7 through 18 (including each number), the defendant's above evidence and 4 were pointed out through the statement of the employees in charge in the audit process of the Gyeonggi Private Teaching Institute, and there were no other reasons for the defendant's assertion that there were no additional correction or correction of the above problems.

Therefore, the judgment of the first instance is just, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Judges Park Jong-dae (Presiding Judge) Kim Jong-ho, Kim Jong-ho